Mark Olthoff

Mark Olthoff

Polsinelli

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Recent Supreme Court Action Creates Uncertainty in Financial Industry

On June 27, 2016, the U.S. Supreme Court declined to review a Second Circuit Court of Appeals decision in the case of Madden v. Midland Funding, LLC. The High Court’s decision will allow a consumer class action against...more

7/13/2016 - Banking Sector Corporate Counsel Debt Buyers Financial Services Industry Interest Rates Madden v Midland Funding National Bank Act Online Marketplace Lending Preemption SCOTUS Solicitor General Usury

Bank Preemption: Solicitor General Does Not Support Supreme Court Review

Weighing in recently on a debt collector's petition for writ of certiorari in Madden v. Midland Funding, LLC, the United States Solicitor General agreed that the Second Circuit was wrong in concluding that the National Bank...more

6/9/2016 - Banking Sector Debt Buyers Debt Collection Financial Services Industry Madden v Midland Funding National Bank Act Petition for Writ of Certiorari Preemption Solicitor General

High Court Spokeo Ruling on Standing Avoids Nixing No Injury Class Actions

On May 16, 2016, the United States Supreme Court released its long-awaited opinion in Spokeo, Inc. v. Robins. In a 6–2 decision, the Court remanded the case to the Ninth Circuit for further analysis of the plaintiff's...more

5/19/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The...more

12/24/2014 - Amount in Controversy CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Jurisdiction Federal Jurisdiction Jurisdiction Removal SCOTUS

Pair of Missouri Supreme Court Cases Potentially Expand Liability for Lenders, Servicers, Debt Buyers and Debt Collectors

Last week the Missouri Supreme Court released two decisions on the same day that expanded Missouri's Merchandising Practices Act (MMPA) with regard to the origination and servicing of real estate mortgage loans. The effect of...more

9/4/2014 - Debt Buyers Debt Collection Debt Collectors Lenders Mortgage Servicers Mortgages

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other...more

1/8/2014 - Corporate Counsel Due Diligence Fraud White Collar Crimes

A Tale Of Two States: Access To Attorney-Client Privilege Materials In Intra-Corporate Disputes Involving Close Corporations

Most people communicating with their lawyer rightfully believe their discussions are privileged and cannot be disclosed to others without permission. However, when litigation ensues, because the attorney-client privilege...more

11/11/2013 - Attorney-Client Privilege Confidential Communications Conflicts of Interest Corporate Counsel Fiduciary Duty Privilege Waivers

Class Action Plaintiffs Can't Avoid Federal Court By Stipulating To Damage Limits

A unanimous Supreme Court has made clear that the Class Action Fairness Act (CAFA) cannot be undermined by a plaintiff's attempt to seek damages of less than the jurisdictional amount. The Court resolved a Circuit split and...more

4/4/2013 - CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

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